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hi will the judge take the time to read letter's from family and friends? and would it make a difference if they were hand delivered or mailed? how often do you think this help's in the defendents case, it's nothing major ( 2 counts of unlawfull use of a transaction device "credit card" and ( 1 count habitual offender) they've recommended 2yrs probation with the first 90 days served in jail, do you think we have a chance of house arrest or extended probabtion with out any jail time, thank you

2007-09-28 07:49:23 · 8 answers · asked by Elizabeth (the jewish princess) 5 in Politics & Government Law & Ethics

8 answers

Depends on the judge. The accused's attorney may be able to advise you on how that judge works. Some judges would rather that the friends and family make sworn statements, under oath, than a letter. You could also call the judge's secretary, every judge has one, and ask her/him how the judge views this. Attorneys routinely contact the judge's secretary for info on how to handle things before a particular judge. Good luck.

2007-09-28 07:55:23 · answer #1 · answered by CatLaw 6 · 1 0

This is probably not what you want to hear but something you should consider. Anyone who has a count filed as a habitual offender should ring bells off in your head. He is NOT getting the message on how to behave. Why should he if people keep rescuing him from any consequences? By trying to minimize the consequences that is EXACTLY what you will be doing. If you succeed then expect the need to do it all over again so what is the value to you to interfere? Peace will not come to you until he can stand on his own two feet. How will he ever learn to do that if you don't let him exercise his own legs? If he is man enough to get into trouble then why should he be treated like a child when he gets caught? When a parent ,spouse, or girlfriend loves someone then they do what is the right thing to do to help him grow as a person not make things easier to avoid growth. What you are doing by trying to help him avoid consequences is stifling any chance to change. How sad.

The courts will focus on the habitual offender charge when determining sentence. They will also take into account the overcrowding in their facilities too. Those will be the two main issues they will look at... not testimony on how great this person is because his behavior speaks louder than words. The major caviat to this is if his constant criminal behavior is due to drug use. Then judges look favorably towards someone entering rehab and a report from the rehab facility indicating progress in personal growth and coping skills warrent not interfering with treatment. That being said, discontinuation of treatment prior to graduation or unfavorable progress reports back to the court will generate an immediate "do not collect $200 and go directly to jail" from the judge.

2007-09-28 08:16:30 · answer #2 · answered by Bob 5 · 1 0

Judges generally do not read letters. The reason is very simple. When a Judge reads a letter he does not really know who wrote the letter. Just because it is signed by "Jane Doe" does not mean that she actually wrote it. Also, unless the author is present in Court, the Judge or lawyers can not ask questions about what was written or about what was meant.

Have your friends and relatives come to Court and be prepared to testify at your sentencing hearing. If you want to increase your chance of avoiding jail time, get an attorney who handles this type of case in your community to try to negotiate a plea. Trying to represent yourself is a big mistake when jail time is a possibility.

2007-09-28 11:46:01 · answer #3 · answered by miziejean 2 · 0 0

Generally, character references should be submitted to the Court - ideally from people who are not in the family. These must testify to the character of the person and what the defendant would do if released on probation.

Having said that, the chances of probation are rather slim. In most jurisdictions, charges relating to repeat offences (which seems to be the case) warrant a custodial sentence.

PS I must also state the obvious and clarify that any documents must be sent to the Court, and certainly not judge's home address - I know it's obvious but I know it's been done before!!

2007-09-28 08:16:43 · answer #4 · answered by mawalt 1 · 0 0

Crap girl: 30 days jail wretten letters will help maby public,defender submit to lawyer, and yes judge will look also 3 years probation is good, take the jail and three. you only do. 1/3 time for afences,, yes i know you need more go to my traylorrandy@ ya.cm. you know i will help.

2007-09-28 08:47:13 · answer #5 · answered by traylorrandy 3 · 0 0

Like posted here already it's up to the judge..I am far from perfect but..... why dont people stop and think twice befor they get themself in so much trouble they have to go befor a judge...and then they try to get out of it what lesson will they learn..like I said I am not perfect and I have had my share of trouble but never to the point where I had to go to court.

2007-09-28 08:00:08 · answer #6 · answered by Crazy cat lady >^ ^< 4 · 0 0

I think the recommendations will have more weight than letters since one count is habitual offender. It is obvious that the person is not stopping their behavior.

2007-09-28 08:02:32 · answer #7 · answered by sensible_man 7 · 1 0

I rarely argue with catlaw but in this case, there is no indication that the trial is over and you are moving to the sentencing hearing.

If I am correct and the trial is not completed, your communications would be ex parte and not allowed. They would be thrown in the trash by the secretary and never reach the judge.

2007-09-28 09:08:49 · answer #8 · answered by hexeliebe 6 · 0 1

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